Cultural aspects in Christian and Islamic religions - unesdoc - Unesco

112
Annulment of
Marriage and Divorce
Divorce is the legal termination of marriage while
the spouses are alive. The Christian religion refuses
divorce ab initio since marriage is a commitment
of the spouses before God to be faithful to each
other for all their lives. Christianity calls upon the
spouses to legally stay faithful to their exchanged
worded vows until the end of their lives. This is
why marriages are called indissoluble.
Yet, the Church recognizes that error and
failure are human. Therefore, there are cases
in which separation of the spouses is justified
and inevitable. This is why the Catholic Church
respects the painful decision of those who are
forced to ask for separation. However, it affirms
the continuation of the marital bond legally
undertaken. Orthodox Churches as well as
Protestant and Armenian Orthodox Churches say
that they sometimes agree upon the dissolution
of the marital bond and consider that it is a lesser
evil than disagreements and conflict amidst the
family. As a result, they agree to marry those that
have an annulment of their first marriage and to
legally give them the Saraments of the Church.
On the other hand, the Catholic Church recognizes
its right to declare the complete annulment of
marriage should one of the spouses ask for this
from the ecclesiastical tribunal and should one of
the following reasons prove to be true prior to the
celebration of the wedding ceremony:
First: the lack of requirements to make the
marriage right, such as: age, insanity, etc.
Second: the fact that there was coercion to enter
into marriage, the fact that the spouses are not
emotionally mature, the fact that there is sexual
impotence, homosexuality, the refusal to have
children or the refusal of marital life, all of which
mean that the core requirements of marital life
are lacking.
After the church declares the annulment of a
marriage, the contracting parties are given a
Declaration of Nullity and are free to marry again
in Church.
Protestant Churches do not consider marriage
as a Holy Sacrament but the spouses ask for the
blessing of God for their common life project
at a Church ceremony presided by an ordained
Pastor. Divorce is allowed after the attempts of
reconciliation have proved a failure and common
marital life is impossible. The divorcees are allowed
to ask for the blessing in another marriage.